JUDGMENT :

1. The instant First Appeal has been filed by the appellant/defendant under Section 96 of the Code of Civil Procedure, 1908 challenging the order dated 31.03.2006 (Annexure A/1) passed by learned Fourth Additional District Judge (Fast Track Court) Raigarh (C.G.) in Civil Suit 10A/2004 (Vijay Kumar Agrawal v. Smt. Kesharbai Kalar & another) whereby decree was passed in favour of respondent No. 1 and the appellant was directed to pay Rs. 80,000/- along with interest @ 12% per annum from 20.09.2001 till actual payment is paid by the appellant.

2. The brief facts, as reflected from record, are that the respondent No. 1/plaintiff has filed a Civil Suit No. 10A/2004 for specific performance of contract and for grant of permanent injunction contending that the plaintiff has executed an agreement with defendant No. 1 to purchase the suit land total 19 Nos. Khasra, area admeasuring 3.064 Hectare situated at Village- Sodka, Patwari Halka No. 17, Tahsil- Kharsiya, District- Raigarh for Rs. 80,000/- per acre vide agreement dated 20.09.2001. The details of the suit land are mentioned in Schedule-A of the plaint. On the date of agreement i.e. on 20.09.2001, plaintiff/ respondent No. 1 h